Chapter 128
2006 -- H 6854
Enacted 06/16/06
A N A C T
RELATING
TO EDUCATION -- ESTABLISHMENT OF CHARTER PUBLIC SCHOOLS
Introduced
By: Representative John A. Savage
Date
Introduced: January 19, 2006
It is enacted by the General Assembly as
follows:
SECTION 1. Section
16-77-4 of the General Laws in Chapter 16-77 entitled
"Establishment of Charter Public
Schools" is hereby amended to read as follows:
16-77-4.
Procedure for creation of charter schools. -- (a) Any group eligible to
establish a charter public school may apply to
the commissioner of elementary and secondary
education and the school committee of the
district.
(b) The
commissioner of education may recommend to the board of regents for
elementary and secondary education granting of a
charter for a public school upon receiving a
completed application which contains all of the
information which he or she deems necessary to
fully address the following issues. The application
shall:
(1) Be submitted
to the commissioner and to the local school committee by not later than
December 1 of the school year before the school
year in which the charter public school is to be
established;
(2) Describe a
plan for education, including the mission, objective, method of providing
a basic education, measurable student
academic goals that the charter public school will meet, and
process for improving student learning and
fulfilling the charter and fulfilling state and national
educational goals and standards;
(3) Provide a
minimum of one hundred eighty (180) days of instruction to students per
year;
(4) Indicate
performance criteria that will be used to measure student learning and to
comply with the charter, state, and national
educational goals and standards;
(5) Include an
agreement to provide a yearly report to parents, the community, the local
school committee, and the commissioner of
elementary and secondary education, which indicates
the progress made by the charter public school
during the previous year in meeting the charter
objectives;
(6) Present a
plan for the governance, administration, and operation of the charter public
school, including the manner in which the
governing board of the school will be chosen, the
nature and extent of parental, professional
educator, and community involvement in the
governance and operation of the charter public
school, and the means of ensuring accountability
to the commissioner of education, the local
school district, and the board of regents;
(7) Identify the
building that will house the charter public school and from whom and
under what terms and conditions it is to be
provided;
(8) Describe what
support services will be provided by the school district and under what
terms and conditions those services are to be
provided, and describe what support services the
charter public school will obtain directly from
third parties and, to the extent known, under what
terms and conditions those services are to be
provided;
(9) Explain the
procedures that will be followed to ensure the health and safety of pupils
and staff;
(10) Describe
enrollment procedures including the nondiscriminatory criteria for
admission in accordance with applicable state
and federal law, along with a program to encourage
the enrollment of a diverse student population.
The makeup of the charter public school must be
reflective of the student population of the
district, including but not limited to special education
children, children at risk, children eligible
for free or reduced cost lunch, and limited English
proficient students. No charter shall be
authorized for a school with a student population that does
not include students eligible for free or
reduced cost lunch, students with limited English
proficiency, and special education students in a
combined percentage which is at least equal to the
combined percentage of those student populations
enrolled in the school district as a whole;
(11) Explain the
student discipline procedures;
(12) Explain the
relationship that will exist between the proposed charter public school
and its employees, including the terms and
conditions of employment and the qualifications that
the employees must meet. Teachers and
administrators in charter public schools must be certified
pursuant to state law and regulation. Teachers
and administrators in charter schools shall be
entitled to prevailing wages and benefits as
enjoyed by other public school teachers and
administrators within the school district, and
shall be subject to the state teacher retirement
system under chapter 8 of title 36. Employment
in a charter school shall be considered "service"
as that term is defined in chapter 16 of this
title. All employees and prospective employees of a
charter school shall be deemed to be public
school employees, having the same rights, including
retirement, under Rhode Island and federal law
as employees and prospective employees at a
non-chartered public school.
(13) Identify
with particularity the state statutes, state regulations, and school district
rules from which variances are sought in order
to facilitate operation of the charter public school.
Explain the reasons for each variance and the
alternative method by which the concern that gave
rise to the regulation or provision will be
addressed;
(14) Provide a
financial plan including a proposed budget for the term of the charter, and
an annual audit of the financial and
administrative operations of the charter public school, and the
manner in which the funds allocated to the
charter public school will be managed and disbursed;
(15) Provide procedures
by which teaching personnel and parents can legally challenge
decisions of the governing board of the school
which do not conform to the school's charter; and
(16) Provide a
copy of the proposed bylaws of the charter public school.
SECTION 2. This
act shall take effect upon passage.
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LC00582
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